State v. Montes
226 Ariz. 194
Ariz.2011Background
- In 2006, Legislature enacted SB 1145 amending self-defense law to require the state to disprove justification when the defendant presents some justification evidence.
- In Garcia v. Browning (2007), Arizona held SB 1145 did not retroactively apply absent explicit retroactivity language.
- Cesar Montes was tried in 2008 for offenses in 2005 and claimed self-defense; jury instructed under pre-SB 1145 interpretation requiring him to prove lack of justification.
- SB 1449, enacted effective September 30, 2009, retroactively applied SB 1145 to cases pending on April 24, 2006, with section 2 stating the legislature’s purpose to confirm retroactivity.
- Montes moved for reconsideration; the Court of Appeals split: one panel held SB 1449 unconstitutional as overruling Garcia; another panel held it valid as retroactive legislation.
- Arizona Supreme Court granted review to resolve whether SB 1449 complies with separation of powers and retroactivity standards.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether SB 1449 retroactively applying SB 1145 violates separation of powers. | Montes: retroactive change intrudes on judiciary after Garcia. | State: Legislature may retroactively expand rights; not a separation of powers violation. | SB 1449 is a valid retroactive legislative action within separation of powers. |
| Whether SB 1449’s retroactivity disturbs vested rights or overrules Garcia. | Montes: Garcia cannot be retroactively overruled; retroactivity harms vested rights. | State: Garcia did not foreclose retroactivity; SB 1449 clarifies retroactive application. | Retroactivity here does not disturb vested rights and does not overrule Garcia. |
| Whether section 2 of SB 1449 is severable from section 1 and affects the analysis. | Montes: potentially unconstitutional but severable issues may undermine validity. | State: section 2 is superfluous and severable; does not affect operative retroactivity in section 1. | Section 2 is severable and does not undermine SB 1449’s operative retroactive effect. |
Key Cases Cited
- Garcia v. Browning, 214 Ariz. 250 (2007) (held SB 1145 not retroactive absent explicit language)
- State v. Murray, 194 Ariz. 373 (1999) (retroactive parole and vested rights; separation of powers)
- State v. Fell, 209 Ariz. 77 (App. 2004) (retroactive sentencing changes; overruled in context of ex post facto)
- Rios, 225 Ariz. 292 (2010) (retroactivity and separation of powers analysis; severability guidance)
- San Carlos Apache Tribe v. Superior Court, 193 Ariz. 195 (1999) (limits on legislative control over judicial decision-making)
- State ex rel. Thomas v. Klein, 214 Ariz. 205 (App. 2007) (Victims' rights can be limited by legislature; no vested right to appeal)